“Where is the UN?” is a question that has been asked often since the start of Israel’s military offensive in Gaza. That the death toll is rising and the the conflict expandsThe UN seems woefully incapable of fulfilling its mandate to save humanity”from the scourge of war” – as it was set to do.

While UN Secretary General António Guterres has repeatedly done so condemned Israel – and was banned from the country for his pains – his pleas were ignored. UN attempts to sanction Israel have also failed. UN sanctions require the approval of the UN Security Council. The US used its power as a permanent member to veto draft resolutions that seek to do so.

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There were also calls to suspend Israel from the UN. On 30 October, the UN Special Rapporteur on the right to food, Michael Fakhri, called on the UN General Assembly to suspend Israel’s membership because, as he said, “Israel is attacking the UN system.”

Francesca Albanese, UN Special Rapporteur on human rights in the Palestinian territories he is reported to have said in a press conference on the same day that the UN should “consider suspending Israel’s credentials as a UN member until it ceases to violate international law and withdraw its ‘clearly illegal’ occupation”.

But suspending a member is more complicated and politically difficult than many realise.

Israel and the UN

For decades, Israel’s relationship with the UN has been unstable. This is primarily due to the UN’s stance towards what it refers to as Israel “unlawful presence” in what it defines as the “occupied territories” in Palestine. In the last 12 months of the latest conflict in Gaza, this relationship has deteriorated further.

Many argued that Israel did repeatedly violated UN resolutions and treaties, incl the genocide convention during his Gaza campaign. Some UN officials have accused Israel – and certain Palestinian groups – of committing war crimes. Israel has also come into direct conflict with UN agencies – some 230 UN staff were killed during the offensive and many governments and UN officials claimed that Israel deliberately targeted UN peacekeeping forces in Lebanon.

But hostility between Israel and the UN reached a climax on October 28, when Israel’s parliament, the Knesset, forbidden The UN Palestine Refugee Agency (Unrwa) not to operate in Israel, triggering a wave of condemnation.

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UN powers

Given this open hostility to the UN, it is not surprising that some are now calling for Israel’s membership. to be suspended.

But can the UN legally suspend a member? The answer is yes. Under articles 5 and 6 of the UN Charter, a member state can be suspended or expelled if it is found to have “persistently violated the Principles contained in this Charter”.

But Articles 5 and 6 both state that suspension and expulsion require the consent of the general assembly as well as “recommendation of the security council”. As such, suspending Israel requires the agreement of the five permanent members of the Security Council: the US, Britain, China, Russia and France.

And given the US’s past record and current President Joe Biden’s assertion “iron support” for Israel, this is effectively unthinkable. But while it is therefore highly unlikely that Articles 5 or 6 will be invoked against Israel, it remains a potentially feasible option.

South Africa’s precedent

At the beginning of each annual session of the general meeting, the accreditation commission reviews applications from each member state before they are officially admitted. Usually this is a formality, but on September 27, 1974, the credentials of South Africa – then operating an apartheid system – were rejected.

Three days later, the general assembly passed resolution 3207 which called on the security council “to review the relationship between the United Nations and South Africa in the light of South Africa’s continued violation of the principles of the Charter”.

A draft resolution calling for the expulsion of South Africa was finally submitted to the Security Council in late October, but was rejected by the US, UK and France.

However, on November 12, the president of the general assembly, the Algerian Abdelaziz Bouteflika, decided that in view of the decision of the accreditation committee and the adoption of resolution 3207, “the general assembly refuses to allow the delegation of South Africa to participate in its work”. South Africa remained suspended from the general assembly until June 1994 after the end of apartheid.

It is important to note that South Africa was not officially suspended from the UN, only from the general assembly. However, it was an extremely significant move.

A viable solution?

Could the same measure be applied against Israel and would it be effective? The South African case shows that it is legally possible. It would also undoubtedly send a powerful message, simultaneously increasing Israel’s international isolation and restoring much-needed faith in the UN.

The 79th session of the UN general assembly started in September, so it is too late for the accreditation committee to reject Israel. But this could happen before the 80th session next year if there was sufficient political will. But that’s a big “if.”

Although most states in the general assembly are extremely critical of Israelmany do not want the accreditation committee to become more politically selective because they fear this could be used against them in the future. Likewise, few want to incur the wrath of the US by suspending its ally.

As always, what is legally possible and what is politically likely are two very different things.